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Table of contents
THE CONQUEST OF THE VENEREAL DISEASES-8.1
THE CONQUEST OF THE VENEREAL DISEASES-8.2
THE CONQUEST OF THE VENEREAL DISEASES-8.3
THE CONQUEST OF THE VENEREAL DISEASES-8.4
THE CONQUEST OF THE VENEREAL DISEASES-8.5
THE CONQUEST OF THE VENEREAL DISEASES-8.6
FOOTNOTES
SEXUAL MORALITY-9.1
SEXUAL MORALITY-9.2
SEXUAL MORALITY-9.3
SEXUAL MORALITY-9.4
SEXUAL MORALITY-9.5
SEXUAL MORALITY-9.6
SEXUAL MORALITY-9.7
SEXUAL MORALITY-9.8
SEXUAL MORALITY-9.9
MARRIAGE-10.1
MARRIAGE-10.2
MARRIAGE-10.3
MARRIAGE-10.4
MARRIAGE-10.5
MARRIAGE-10.6
MARRIAGE-10.7
MARRIAGE-10.8
MARRIAGE-10.9
MARRIAGE-10.10
MARRIAGE-10.11
MARRIAGE-10.12
FOOTNOTES
THE ART OF LOVE-11.1
THE ART OF LOVE-11.2
THE ART OF LOVE-11.3
THE ART OF LOVE-11.4
THE ART OF LOVE-11.5
THE ART OF LOVE-11.6
THE ART OF LOVE-11.7
THE ART OF LOVE-11.8
THE ART OF LOVE-11.9
THE ART OF LOVE-11.10
THE ART OF LOVE-11.11
FOOTNOTES
THE SCIENCE OF PROCREATION-12.1
THE SCIENCE OF PROCREATION-12.2
THE SCIENCE OF PROCREATION-12.3
THE SCIENCE OF PROCREATION-12.4
THE SCIENCE OF PROCREATION-12.5
THE SCIENCE OF PROCREATION-12.6
THE SCIENCE OF PROCREATION-12.7
THE SCIENCE OF PROCREATION-12.8
THE SCIENCE OF PROCREATION-12.9
FOOTNOTES
INDEX OF AUTHORS

relationship of a husband or a wife; on the other hand it is felt that the 

idea of pre-ordained contracts on a matter over which the individual 

himself has no control is quite unreal and when any strict rules of equity 

prevail, necessarily invalid. It is true that we still constantly find 

writers sententiously asserting their notions of the duties or the 

privileges involved by the "contract" of marriage, with no more attempt to 

analyze the meaning of the term "contract" in this connection than the 

Protestant Reformers made, but it can scarcely be said that these writers 

have yet reached the alphabet of the subject they dogmatize about. 

 

The transference of marriage from the Church to the State which, in the 

lands where it first occurred, we owe to Protestantism and, in the 

English-speaking lands, especially to Puritanism, while a necessary stage, 

had the unfortunate result of secularizing the sexual relationships. That 

is to say, it ignored the transcendent element in love which is really the 

essential part of such relationships, and it concentrated attention on 

those formal and accidental parts of marriage which can alone be dealt 

with in a rigid and precise manner, and can alone properly form the 

subject of contracts. The Canon law, fantastic and impossible as it became 

in many of its developments, at least insisted on the natural and actual 

fact of marriage as, above all, a bodily union, while, at the same time, 

it regarded that union as no mere secular business contract but a sacred 

and exalted function, a divine fact, and the symbol of the most divine 

fact in the world. We are returning to-day to the Canonist's conception of 

marriage on a higher and freer plane, bringing back the exalted conception 

of the Canon law, yet retaining the individualism which the Puritan 

wrongly thought he could secure on the basis of mere secularization, 

while, further, we recognize that the whole process belongs to the private 

sphere of moral responsibility. As Hobhouse has well said, in tracing the 

evolutionary history of the modern conception of marriage, the sacramental 

idea of marriage has again emerged but on a higher plane; "from being a 

sacrament in the magical, it has become one in the ethical, sense." We are 

thus tending towards, though we have not yet legally achieved, marriage 

made and maintained by consent, "a union between two free and responsible 

persons in which the equal rights of both are maintained."[363] 

 

 

 

 


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